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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 94,893,930 and its payment from October 30, 2012.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On May 2, 2006, the Defendant: (a) was divided into KRW 11,356 square meters of land D (11,202 square meters of land E-Gun in the Chungcheongbuk-gun, Chungcheongnam-do; but (b) was converted into registration conversion on October 11, 2005 into KRW 11,434 square meters of land D 11,356 square meters of land as well as real estate listed in the attached Tables 3 and 4.
As seen in paragraph (2) below, the above D forest land was re-divided into the real estate listed in the separate sheet Nos. 1, 5 through 8 of March 20, 207 and the real estate listed in the separate sheet Nos. 3 and 4 of the separate sheet (hereinafter “real estate listed in the separate sheet Nos. 1, 3, and 8 of the separate sheet among each real estate of this case”) shall be read as “each land of this case”, and when the individual land is re-divided among them, it shall be deemed land according to the sequences listed in the separate sheet.
Section C. 'C'.
(2) On January 17, 2003, prior to the conclusion of the above sales contract, the Defendant entered into a sales contract for the sale of the purchase price at KRW 2,09,000,000, and received KRW 290,000,000 from C as the down payment on the date of the contract. However, each of the instant land was located within a land transaction contract permission zone under the National Land Planning and Utilization Act. (2) On January 17, 2003, prior to the conclusion of the above sales contract, the Defendant entered into a construction permit for the main purpose of which was 2,523 square meters of land E, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, which was prior to the division of each of the instant land into the instant land, as warehouse facilities. On April 23, 2004, the Plaintiff obtained a construction permit for the main purpose of which was as Class 1 neighborhood living facilities under the name of the owner of the said construction permit.
3. However, around July 2006, C cancels the above sales contract on the ground that the Defendant did not issue a letter of consent to land use and a certificate of personal seal impression necessary for the change of the name of the building permit, etc. and then, C files a lawsuit against the Defendant seeking payment of KRW 472,775,40 in total, including down payment and penalty, under this Court 2006Gahap2671.